Mr. MITCHELL (for himself and Mr. Dole) submitted the following resolution; which was considered and agreed to:
Whereas, in the case of United States v. Fernandez, Criminal No. 89-150-A, pending in the United States District Court for the Eastern District of Virginia, defendant Joseph F. Fernandez has requested certain documents within the custody and control of the Senate Select Committee on Intelligence;
Whereas, by the privileges of the Senate of the United States and Rule XI of the Standing Rules of the Senate, no evidence under the control or in the possession of the Senate can, by the judicial process, be taken from such control or possession but by permission of the Senate;
Whereas, when it appears that evidence under the control or in the possession of the Senate is needed for use in any court for the promotion of justice, the Senate will take such action as will promote the ends of justice consistent with the privileges of the Senate;
Whereas, the certain of the documents requested have been classified in the interests of national security: Now, therefore be it
Resolved, That the Chairman and Vice Chairman of the Select Committee on Intelligence are authorized to make available to the parties, under appropriate security controls, copies of documents in the custody and control of the Committee, which are responsive to the request of defendant's counsel, in the case of United States v. Fernandez, Criminal No. 89-150-A, pending in the United States District Court for the Eastern District of Virginia.